WISCASSET — A judge set bail at $1,500 cash for a Massachusetts man, who was on a deferred disposition in connection to the 2018 death of 32-year-old Kristen McKellar on Damariscotta Lake in Jefferson, following a new charge that he was speeding nearly 100 miles per hour while under the influence of alcohol.

Justice Daniel Billings set the bail Aug. 9 in the Lincoln County court in Wiscasset for Jonathan D. Roberts, 44, of Waban, Mass.

Assistant District Attorney Kent Murdick III asked the judge to hold Roberts without bail, pending the resolution of the state’s effort to revoke his deferred disposition. Murdick filed motions in Lincoln County Aug. 6 to revoke Roberts’ bail and his deferred disposition. Arrest warrants were issued, and Roberts turned himself in Aug. 8.

The prosecutor said Roberts showed he poses a danger to people of Maine through his actions. He noted that about on the third anniversary of McKellar’s death, he drove at nearly 100 miles per hour on interstate 95 in Kennebec County, after admitting to drinking three or four beers on his way up from Massachusetts. Roberts’ blood alcohol level was tested at 0.14.

The next court date for Roberts is Oct. 4.

Roberts was taken to the Kennebec County Jail in Augusta shortly before 10 p.m., Aug. 5. He was released on $1,000 cash bail.

Defense attorney Walter McKee argued that Roberts should be released on bail, noting he had no criminal record prior to the 2018 boating incident. McKee also pointed out that Roberts is employed as a defense contractor and has two teenage sons.

Roberts pleaded guilty in 2019 to reckless operation of a watercraft. A manslaughter charge and an operating at an imprudent speed charge were dismissed, as part of a deferred disposition reached between the district attorney’s office and defense.

Under terms of that agreement, if Roberts refrained from criminal conduct in the next three years, the reckless operation charge would be dismissed and he would be fined $400 for the civil offense of operating a boat at a greater than headway speed within a water safety zone.

If Roberts performed 100 hours of community service the deferred disposition would have concluded in 2020. Roberts did not perform the community service, the prosecutor said.

Since the deferred disposition was still in place and runs through July 25, 2022, the state wants to sentence Roberts to the maximum sentence for the reckless operation charge.

District Attorney Natasha Irving said the office is asking the court to impose a 364-day sentence, which is the maximum for the reckless conduct charge.

McKellar, a Camden resident, died Aug. 2, 2018, when she was struck by the boat operated by Roberts, while she swimming close to shore with a friend at dusk.

The plea agreement was criticized by the victim’s family.

“This is the legal equivalent of a shrug of the shoulders,” McKellar’s sister, Alison McKellar, said after the sentencing hearing, “this felt like the ‘Twilight Zone.'”

District Attorney Irving said, at the time of sentencing in 2019,  the state would have had significant problems proving manslaughter.

The Maine Warden Service investigated the case. The Warden Service determined the speed could have been as low as 17 miles per hour. No alcohol was involved in the incident.

The Warden Service found the flipper, being waved by McKellar to alert the boat before she was struck, 420 feet from shore, indicating the woman could have been more than 200 feet from shore. That distance is important because of the different requirements for operating a boat closer to shore.

Kristen McKellar